Legal Question in Family Law in Texas

parental rights

I live in Texas and I am a single mother. My child's father(we were never married) has not had contact with him in 8 months. If he does not have contact in 1 year, can I take his parental rights, if my future husband wants to adopt him? His birth father's name is on the birth certificate.


Asked on 8/21/02, 10:57 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: parental rights

It is not as simple as you would like.

If he is current on child support, even though he never sees him, it makes it even more difficult.

You need to be married for at least a couple of years (no set time but the Judges like stability) before you begin termination and then a step-parent adoption.

You are actually wanting 2 lawsuits that are separate lawsuits but the courts do them (basically) back-to-back.

I've tried to take a very complicated matter and simplify it -- otherwise, I will scare you too much.

A step-parent adoption can be done, you need to do all the required paperwork and dot every i and cross every t - and it will work - it is fairly slow (several months minimum) and most clients get frustrated because the father's parental rights are treated so tenderly.

Good luck!

If you have any questions and live in the Houston area, please call me at 713-847-6000.

If you live outside the Harris County area, please contact an attorney in your county.

Fran Brochstein

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Answered on 8/21/02, 5:38 pm


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